TITLE 23: EDUCATION AND CULTURAL RESOURCES
SUBTITLE A: EDUCATIONCHAPTER I: STATE BOARD OF EDUCATIONSUBCHAPTER f: INSTRUCTION FOR SPECIFIC STUDENT POPULATIONS
PART 226
SPECIAL EDUCATION
SECTION 226.130 ADDITIONAL PROCEDURES FOR STUDENTS SUSPECTED OF OR HAVING A SPECIFIC LEARNING DISABILITY

Section 226.130 Additional
Procedures for Students Suspected of or Having a Specific Learning Disability

a) In
addition to the requirements set forth in Sections 226.110 and 226.120 of this
Part, the district shall adhere to the procedures set forth at 34 CFR 300.307, 300.308,
300.309, 300.310, and 300.311 when evaluating a student who is suspected of, or
who has previously been identified as having, a specific learning disability as
described in 34 CFR 300.8.

b) Provided
that the requirements of this subsection (b) are met, each district shall
implement the use of a process that determines how the child responds to
scientific, research-based interventions as part of the evaluation procedure
described in 34 CFR 300.304. When a district implements the use of a process of
this type, the district shall not use any child's participation in the process
as the basis for denying a parent's request for an evaluation.

1) The
State Superintendent of Education shall disseminate a plan outlining the nature
and scope of the professional development that is necessary to permit
implementation of a process of this type and describing any additional
activities or resources that the Superintendent finds to be essential. Any
amendments to the plan will be made in consultation with the statewide teacher
organizations, statewide school management organizations, and State Advisory Council
on Education of Students with Disabilities.

2) The
plan shall quantify the estimated cost of the professional development and
other necessary resources and shall identify sources of funding that are or may
become available to the State Superintendent for these purposes.

3) The plan shall include:

A) a
method of identifying school districts that are less able than others to
implement a process of the required type without technical or financial
assistance from the State;

B) a
timeframe for the provision of training, other technical assistance and
materials, or financial resources for related purposes that demonstrates the
State Superintendent's best efforts to secure and provide relevant support to
districts; and

C) a
method of allocating resources that affords first consideration to districts
that may otherwise be unable to implement a process of the required type
without diverting necessary support from other aspects of the educational
program.

c) Each
district shall have a plan for the use of a process that determines how the
child responds to scientific, research-based interventions as part of the
evaluation procedure described in 34 CFR 300.304. Each district's plan shall
identify the resources the district will devote to this purpose and include an
outline of the types of State-level assistance the district expects to need,
with particular reference to the professional development necessary for its
affected staff members to implement this process. The plan developed pursuant
to this subsection (c) may be incorporated into a district's district
improvement plan (see 23 Ill. Adm. Code 1.85(b)) if one exists.

d) In
addition to using an identification process of the type required by subsection
(b), a district may use a severe discrepancy between intellectual ability and
achievement for determining whether a child has a specific learning disability.